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(영문) 광주지방법원 2019.06.20 2018구합715
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From May 19, 2003, Plaintiff A served as office assistants who are public officials of the Defendant’s contractual service from August 27, 2003, and concluded a contract for contractual service with the Republic of Korea on October 1, 2007.

B. On January 25, 2008, the Defendant publicly announced the limited competitive recruitment examination for public officials in technical service, and the Plaintiffs applied for the examination and passed the final examination on February 13, 2008 after the document screening and interview.

C. On February 18, 2008, the Plaintiffs filed an application for appointment with the Defendant by submitting the identity statement, basic certificate, family relation certificate, and physical examination for employment of public officials, etc., but the Defendant did not appoint the Plaintiffs as public officials in technical service or refuse to appoint them for a considerable period of time after receiving the above application for appointment.

Accordingly, on May 1, 2013, the Plaintiffs filed a lawsuit against the Defendant seeking confirmation that the omission was unlawful (No. 2013Guhap1263) and received a favorable judgment from the instant court on November 21, 2013.

On December 3, 2013, the Defendant rejected the appointment of each of the Plaintiffs on the ground that the term of validity of passing the appointment under Article 21(1) of the former Decree on the Appointment of Public Officials (amended by Presidential Decree No. 21717, Sept. 8, 2009) has expired.

Accordingly, the Plaintiffs filed a lawsuit against the Defendant seeking revocation of each of the above measures rejecting appointment (Seoul District Court 2013Guhap11642) and received a favorable judgment from this court on May 22, 2014, and the above judgment became final and conclusive around that time.

After that, the Plaintiffs were appointed from the Defendant on August 1, 2014 to C.

E. The Plaintiffs filed an application for promotion for continuous service with the Defendant on January 2018, but the Defendant did not take any measure, such as refusal thereof, until now.

The plaintiffs filed a request for review of appeal with the Minister of Personnel Management against the defendant's above omission, but the above commission was on May 15, 2018.

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